Barely a month after the elections, power struggles have already emerged between the central and county governments.
Indications are clear that some of those elected to county governments do not know where to draw the line between decentralisation and autonomy.
Devolution has been interpreted to mean all sorts of things depending on the elected leaders. What many have forgotten is that when Kenyans voted yes to a devolved government, they wanted a decentralised form of administration and definitely did not want to create federal states.
Kakamega governor-elect Wycliffe Oparanya said the central government should not interfere or control the county governments as they are independents units. To some extent, this is true and the central government has to realise that it is overstepping its mandate.
Article 186, while supplemented by the fourth schedule, clearly outlines the power and functions of these governments. The two governments are expected to complement each other, with the central government formulating policies and the county governments implementing the policies. But to some governors-elect like Migori's Okoth Obado believe the roles have not been clearly spelt out to ensure separation of powers.
In Kakamega, the Western PC, who is serving under the central government, was recently threatened with eviction by a group of newly elected MPs who want the office for Oparanya.
The provincial administration should by now be defunct as the county commissioners are being seen as a threat to governor’s power.
The problem of office space for the newly elected officials has been experienced in over a dozen counties. Refurbishment of proposed offices is being undertaken in some counties now, something which should have been done long before the election.
In other counties, some of the county commissioners are refusing to vacate office or the office space assigned as governor’s offices are poorly located or non-existent: something which is being interpreted as a ploy by the central government to derail the county governments.
The hiring of county officials is another instance where this scheme is seen to be playing out without impunity. The Transition Authority believes many of the governors may have misguided Kenyans when they promised to give them jobs during the campaign period.
The popular perception is that the TA is supposed to provide policies, guidelines and criteria for appointment to anyone seeking an office in the county governments. County governments are required to follow thse guidelines to fill the positions. The TA is only supposed to step in when those appointed do not meet the minimum threshold or appointments have been made irregularly.
However, there is a feeling that the TA is overreaching its mandate and imposing people it has chosen without consulting county officials. It seems the authority is bent on choosing people from "Nairobi" to fill the positions it advertised for a mere week late last year.
The authority’s appointees, who are supposed to oversee the initial transition, have since been deployed to various counties even though it had initially explained these appointments would be reviewed once the new governors take office.
This was until the TA said those appointed were there for the long haul and the governors would not be able to review these appointments and neither are they supposed to make any appointments of their own.
Frustration is growing since some the appointees are the same technocrats who are being recycled from the central government where they have failed in service delivery.
A case in point is where a former town clerk, who is associated with land grabbing, has now been appointed as county treasurer by the Transition Authority. Is the TA vetting these appointees or is it just a case of transferring corruption from the former local government to the county governments?
Also begging a response is – what happened to the policy which would have seen county jobs offered to people from the county unless there was no such expertise available locally?
Apart from office space, some of the governors are making decisions about where the county headquarters should be located. Already, Kiambu governor-elect William Kabogo has said the headquarters will be in Thika and not Kiambu.
Before the county headquarters are gazetted, the government is supposed to among others things, consider whether the proposed venue has enough land for expansion, its centrality to the rest of the county, security, availability of office space and the wishes of the people of the county.
These considerations are being ignored as politics stake centre stage with self interest of the elected leaders driving the decision. It will therefore not be surprising to find some of the county headquarters being located in unsuitable locations that will serve the interest of only a few.
As it is, many Kenyans are left wondering just how the county governments will operate if they cannot accept the policies set from the central government and the TA. Or, are the county governments preparing to disenfranchise themselves? There has to be a clear delineation between county and central governments.
The former should deliver services while the latter should create an environment that will allow the counties to set and implement its development goals.
Muthoni Kiguru comments on topical issues.
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